Companies Act

No need of Auditor’s certificate in DPT-3 for transactions not considered deposits- MCA

Auditor’s certificate on return of deposits pursuant to Rule 16 of the Companies (Acceptance of Deposits) Rule 2014.

MCA has clarified that Auditor’s Certificate under Rule 16 is mandatory only in case of return of deposits as mentioned in the instruction kit given with e-Form DPT-3.

The MCA was responding to the ICAI letter on the extension of the time for filing e-Form DPT-3

Further it has been clarified that for filing particulars of transactions not considered as deposits, information contained therein as on 31st March of that year need not be from the duly audited Financial Statements. Only in case of Return of deposit, information contained therein as on 31st March of that year should be from duly audited financial statements of the company.

In view of the above, the MCA has declined the need for any revision of the timeline for filing particulars of exempted deposits (receipt of money or loan which not considered as deposits).

In pursuance of MCA clarification ICAI has issued the following advisory for the members:

Clarification on Auditor’s Certificate on Return of Deposits pursuant to Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014

This has reference to Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014 and further amendments.

In this regard, the Ministry of Corporate Affairs vide its letter no. File No: P-01/08/2013- CL-V Vol. VI dated June 24, 2019 has clarified on the matter as under:

  • The Auditor’s Certificate is mandatory only in case of return of deposits.
  • For filing particulars of transactions not considered as deposits information contained therein as on 31st March of that year need not be from the duly audited Financial Statement.
  • Only in case of Return of Deposit information contained therein as on 31st March of that year should be from duly audited financial statement of the company.

Also in order to provide guidance to members, the Auditing and Assurance Standards Board of ICAI has issued Illustrative Auditor’s Certificate on Return of Deposits.

Read MCA letter Click Here >>

Share

Recent Posts

  • CA CS CMA

CA issuing Form 15CB not required check genuineness of documents submitted

Chartered Accountant issuing Form 15CB not required check genuineness or otherwise of documents submitted by his clients – Supreme Court…

2 hours ago
  • GST

Ongoing investigation qua absconding person, no ground to deny bail to arrested person

Ongoing investigation qua absconding person, cannot be a ground to deny bail to person against whom the investigations have been…

6 hours ago
  • Income Tax

Accommodation entry operators also obtain PAN, file ITRs, open bank account

Accommodation entry operators also routinely obtain PAN, file ITRs, and maintain bank accounts, to give a facade of legitimacy to…

8 hours ago
  • ICAI

ICAI sets up two new branches : at Morbi and Bhiwandi

ICAI sets up two new branches : at Morbi and Bhiwandi The Institute of Chartered Accountants of India (ICAI) has…

14 hours ago
  • Finance Ministry

Govt. notifies amended Protocol of India & Belgium for DTAA & Fiscal Evasion of taxes

Central Government notifies amended Protocol between India and Belgium for Avoidance of Double Taxation and the Prevention of Fiscal Evasion…

1 day ago
  • Competition Commission of India

CCI inviting applications for engagement of Young Professionals (YPs)

Competition Commission of India inviting applications for engagement of Young Professionals (YPs) The Competition Commission of India, New Delhi is…

2 days ago